On March 13, 2025, Immigration Minister Marc Miller introduced a new interim measure to help “Lost Canadians” impacted by the First-Generation Limit (FGL) on Canadian citizenship by descent. This measure provides a temporary pathway for those who would otherwise be excluded, while the government awaits a Supreme Court decision on a 12-month extension to reintroduce and pass Bill C-71.
In this article, we explain what the FGL is, who qualifies under the interim policy, and how to apply for Canadian citizenship during this transitional period.
What is the First-Generation Limit (FGL)?
The First-Generation Limit, introduced in 2009, prevents Canadian citizens born abroad from passing on citizenship to their children who are also born outside Canada. Only the first generation born outside Canada is eligible for automatic Canadian citizenship by descent.
In December 2023, the Ontario Superior Court of Justice ruled the FGL unconstitutional, calling it discriminatory. In response, the Canadian government introduced Bill C-71 in May 2024, proposing a new “substantial connection” test to replace the FGL. However, since the bill is not yet law, an interim measure has been implemented.
...the Ontario Superior Court of Justice ruled the FGL unconstitutional, calling it discriminatory.
What is the 2025 Interim Measure?
The interim measure allows certain individuals to apply for citizenship by discretionary grant under subsection 5(4) of the Citizenship Act. It applies to the following four groups:
Group 1: Born or Adopted Before December 19, 2023
- Children born abroad to Canadian parents who were also born abroad.
- Eligible for a discretionary citizenship grant based on hardship or exceptional circumstances.
- No substantial connection requirement.
Group 2: Born or Adopted On or After December 19, 2023
- Must prove their Canadian parent has at least 1,095 days of physical presence in Canada before the child’s birth or adoption.
- If the connection is established, the application will receive priority processing.
Group 3: Individuals Born Before April 1, 1949
- Those excluded under outdated laws before Canada’s first citizenship act came into effect.
- May now apply under the interim measures.
Group 4: Former Section 8 Cases
- Individuals who lost citizenship by failing to retain it before age 28.
- Now eligible to reapply for citizenship under this new policy.
How to Apply for Canadian Citizenship Under the Interim Measure
Application procedures vary depending on the applicant’s date of birth and group. Here’s a summary based on IRCC guidelines:
1. Applicants Born Before December 19, 2023
- Submit a citizenship certificate application
- IRCC will issue a letter:
- Confirming if the FGL still applies
- Inviting a request for a discretionary grant due to hardship or exceptional circumstances
2. Applicants Born On or After December 19, 2023
- Submit your application with evidence of your parent’s substantial connection to Canada.
- Based on the evidence:
- If met: Priority processing is offered.
- If not met: Regular processing will continue.
3. Urgent Processing Requests
Applicants in urgent situations may request expedited processing. Examples include:
- Risk of harm or hardship
- Need for employment, education, or social benefits
- Relocation of a minor child to Canada
Requests will be evaluated by a senior IRCC decision-maker.
Steps to Take if You Are Affected
If you or a family member may qualify under this interim measure, here are your next steps:
Gather Required Documents:
- Include proof of your parent’s Canadian citizenship.
- Provide a detailed explanation of your case, including any hardship or exceptional circumstances.
Show Substantial Connection (if applicable):
Applicants born on or after December 19, 2023 must include evidence that the Canadian parent spent at least 1,095 days in Canada before the child’s birth/adoption.
Request Urgent Processing (if needed):
Clearly explain the reason for urgency and provide relevant supporting documents.
Seek Professional Immigration Help:
A licensed immigration consultant can ensure your case is well-documented and in compliance with current IRCC policies.
Final Thoughts
This interim policy is a welcome step for families and individuals affected by the First-Generation Limit. While Bill C-71 is still pending, now is the time to act if you believe you’re eligible.
Need Help?
Email us at ask@klaasimmigration.ca to explore how you or your family members can benefit from this new measure.
Disclaimer
This article is based on information available as of June 2, 2025. IRCC policies may change, and updates after publication may not be reflected here. Always refer to the official IRCC website for the most accurate and up-to-date information.